160.380 School employees -- Restrictions on appointment of relatives, violent offenders, and persons convicted of sex crimes -- National and state criminal history background checks on applicants, new - Kentucky Statutes

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160.380 School employees -- Restrictions on appointment of relatives, violent offenders, and persons convicted of sex crimes -- National and state criminal
history background checks on applicants, new hires, and school-based
decision-making council parent members -- Application and renewal forms --
Employees charged with felony offenses. (1) As used in this section: (a) "Contractor" means an adult who is permitted access to school grounds pursuant to a current or prospective contractual agreement with the school,
school board, school district, or school-affiliated entity, at times when
students are present. The term "contractor" includes an employee of a
contractor; (b) "Relative" means father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, and daughter-in-law; and (c) "Vacancy" means any certified position opening created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff
member of a local school district, or a new position created in a local school
district for which certification is required. However, if an employer-employee
bargained contract contains procedures for filling certified position openings
created by the resignation, dismissal, nonrenewal of contract, transfer, or death
of a certified staff member, or creation of a new position for which
certification is required, a vacancy shall not exist, unless certified positions
remain open after compliance with those procedures. (2) Except as provided in KRS 160.346: (a) All appointments, promotions, and transfers of principals, supervisors, teachers, and other public school employees shall be made only by the
superintendent of schools, who shall notify the board of the action taken. All
employees of the local district shall have the qualifications prescribed by law
and by the administrative regulations of the Kentucky Board of Education and
of the employing board. Supervisors, principals, teachers, and other
employees may be appointed by the superintendent for any school year at any
time after February 1 preceding the beginning of the school year. No
superintendent of schools shall appoint or transfer himself or herself to
another position within the school district; (b) When a vacancy occurs in a local school district, the superintendent shall notify the chief state school officer thirty (30) days before the position shall be
filled. The chief state school officer shall keep a registry of local district
vacancies which shall be made available to the public. The local school
district shall post position openings in the local board office for public
viewing; (c) When a vacancy needs to be filled in less than thirty (30) days' time to prevent disruption of necessary instructional or support services of the school district,
the superintendent may seek a waiver from the chief state school officer. If the
waiver is approved, the appointment shall not be made until the person recommended for the position has been approved by the chief state school
officer. The chief state school officer shall respond to a district's request for
waiver or for approval of an appointment within two (2) working days; (d) When a vacancy occurs in a local district, the superintendent shall conduct a search to locate minority teachers to be considered for the position. The
superintendent shall, pursuant to administrative regulations of the Kentucky
Board of Education, report annually the district's recruitment process and the
activities used to increase the percentage of minority teachers in the district; (e) No relative of a superintendent of schools shall be an employee of the school district. However, this shall not apply to a relative who is a classified or
certified employee of the school district for at least thirty-six (36) months
prior to the superintendent assuming office, or prior to marrying a relative of
the superintendent, and who is qualified for the position the employee holds.
A superintendent's spouse who has at least twenty (20) years of service in
school systems may be an employee of the school district. A superintendent's
spouse who is employed under this provision shall not hold a position in
which the spouse supervises certified or classified employees. A
superintendent's spouse may supervise teacher aides and student teachers.
However, the superintendent shall not promote a relative who continues
employment under an exception of this subsection; (f) No superintendent shall employ a relative of a school board member of the district, unless on July 13, 1990, the board member's relative is an employee
of the district, the board member is holding office, and the relative was not
initially hired by the district during the tenure of the board member. A relative
employed in 1989-90 and initially hired during the tenure of a board member
serving on July 13, 1990, may continue to be employed during the remainder
of the board member's term. However, the superintendent shall not promote
any relative of a school board member who continues employment under the
exception of this subsection; and (g) 1. No principal's relative shall be employed in the principal's school, except
a relative who is not the principal's spouse and who was employed in the
principal's school during the 1989-90 school year. 2. No spouse of a principal shall be employed in the principal's school,
except:
a. A principal's spouse who was employed in the principal's school
during the 1989-90 school year for whom there is no position for
which the spouse is certified to fill in another school operated in
the district; or b. A principal's spouse who was employed in the 1989-90 school year
and is in a school district containing no more than one (1)
elementary school, one (1) middle school, and one (1) high school. 3. A principal's spouse who is employed in the principal's school shall be
evaluated by a school administrator other than the principal. 4. The provisions of KRS 161.760 shall not apply to any transfer made in
order to comply with the provisions of this paragraph. (3) No superintendent shall employ in any position in the district any person who is a violent offender or has been convicted of a sex crime as defined by KRS 17.165
which is classified as a felony. The superintendent may employ, at his discretion,
persons convicted of sex crimes classified as a misdemeanor. (4) (a) A superintendent shall require a national and state criminal background check on all new certified hires in the school district and student teachers assigned
within the district. Excluded are certified individuals who were employed in
another certified position in a Kentucky school district within six (6) months
of the date of hire and who had previously submitted to a national and state
criminal background check for the previous employment. (b) The superintendent shall require that each new certified hire and student teacher, as set forth in paragraph (a) of this subsection, submit to a national
and state criminal history background check by the Department of Kentucky
State Police and the Federal Bureau of Investigation. (c) All fingerprints requested under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The
fingerprint cards shall be forwarded to the Federal Bureau of Investigation
from the Department of Kentucky State Police after a state criminal
background check is conducted. The results of the state and federal criminal
background check shall be sent to the hiring superintendent. Any fee charged
by the Department of Kentucky State Police and the Federal Bureau of
Investigation shall be an amount no greater than the actual cost of processing
the request and conducting the search. (d) The Education Professional Standards Board may promulgate administrative regulations to impose additional qualifications to meet the requirements of
Public Law 92-544. (5) A superintendent shall require a state criminal background check on all classified initial hires.
(a) The superintendent shall require that each classified initial hire submit to a state criminal history background check by the Department of Kentucky State
Police. If an applicant has been a resident of Kentucky twelve (12) months or
less, the superintendent may require a national criminal history background
check as a condition of employment. (b) Any request for records under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The results of the
state criminal background check and the results of the national criminal
history background check, if requested under the provisions of paragraph (a)
of this subsection, shall be sent to the hiring superintendent. Any fee charged
by the Department of Kentucky State Police shall be an amount no greater
than the actual cost of processing the request and conducting the search. (6) The superintendent may require a contractor, volunteer, or visitor to submit to a national and state criminal history background check by the Department of
Kentucky State Police and the Federal Bureau of Investigation. Any request for
records under this section shall be on an applicant fingerprint card provided by the
Department of Kentucky State Police. The results of the state criminal background
check and the results of the national criminal history background check, if
requested, shall be sent to the hiring superintendent. Any fee charged by the
Department of Kentucky State Police shall be an amount no greater than the actual
cost of processing the request and conducting the search. (7) (a) If a school term has begun and a certified or classified position remains unfilled or if a vacancy occurs during a school term, a superintendent may
employ an individual, who will have supervisory or disciplinary authority over
minors, on probationary status pending receipt of the criminal history
background check. Application for the criminal record of a probationary
employee shall be made no later than the date probationary employment
begins. (b) Employment shall be contingent on the receipt of the criminal history background check documenting that the probationary employee has no record
of a sex crime nor as a violent offender as defined in KRS 17.165. (c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, probationary employment under this section shall terminate on receipt by the
school district of a criminal history background check documenting a record
of a sex crime or as a violent offender as defined in KRS 17.165 and no
further procedures shall be required. (d) The provisions of KRS 161.790 shall apply to terminate employment of a certified employee on the basis of a criminal record other than a record of a
sex crime or as a violent offender as defined in KRS 17.165. (8) (a) Each application or renewal form, provided by the employer to an applicant for a classified position, shall conspicuously state the following: "FOR THIS
TYPE OF EMPLOYMENT, STATE LAW REQUIRES A STATE
CRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION OF
EMPLOYMENT. UNDER CERTAIN CIRCUMSTANCES, A NATIONAL
CRIMINAL HISTORY BACKGROUND CHECK MAY BE REQUIRED AS
A CONDITION OF EMPLOYMENT." (b) Each application or renewal form, provided by the employer to an applicant for a certified position, shall conspicuously state the following: "FOR THIS
TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND
STATE CRIMINAL HISTORY BACKGROUND CHECK AS A
CONDITION OF EMPLOYMENT." (c) Each application form for a district position shall require the applicant to: 1. Identify the states in which he or she has maintained residency,
including the dates of residency; and 2. Provide picture identification. (9) The provisions of subsections (4), (5), (6), (7), and (8) of this section shall apply to a nonfaculty coach or nonfaculty assistant as defined under KRS 161.185. (10) A school-based decision-making council parent member, as defined under KRS 160.345, shall submit to a state and national fingerprint-supported criminal history
background check by the Department of Kentucky State Police and the Federal
Bureau of Investigation. The results of the state criminal history background check
and the results of the national criminal history background check, if requested, shall
be sent to the district superintendent. Any fee charged by the Department of
Kentucky State Police shall be an amount no greater than the actual cost of
processing the request and conducting the search. A parent member may serve prior
to the receipt of the criminal history background check report but shall be removed
from the council on receipt by the school district of a report documenting a record
of a sex crime or criminal offense against a victim who is a minor as defined in
KRS 17.500 or as a violent offender as defined in KRS 17.165, and no further
procedures shall be required. (11) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, when an employee of the school district is charged with any offense which is
classified as a felony, the superintendent may transfer the employee to a second
position until such time as the employee is found not guilty, the charges are
dismissed, the employee is terminated, or the superintendent determines that further
personnel action is not required. The employee shall continue to be paid at the same
rate of pay he or she received prior to the transfer. If an employee is charged with an
offense outside of the Commonwealth, this provision may also be applied if the
charge would have been treated as a felony if committed within the Commonwealth.
Transfers shall be made to prevent disruption of the educational process and district
operations and in the interest of students and staff and shall not be construed as
evidence of misconduct. Effective: January 14, 2010
History: Amended 2010 Ky. Acts ch. 1, sec. 2, effective January 14, 2010. -- Amended 2009 Ky. Acts ch. 38, sec. 1, effective June 25, 2009. -- Amended 2007 Ky. Acts
ch. 85, sec. 169, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 182, sec. 18,
effective July 12, 2006; and ch. 221, sec. 5, effective July 12, 2006. -- Amended
2005 Ky. Acts ch. 177, sec. 1, effective June 20, 2005. -- Amended 2001 Ky. Acts
ch. 60, sec. 3, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 178, sec. 2,
effective July 15, 1998; ch. 362, sec. 1, effective July 15, 1998; ch. 467, sec. 1,
effective July 15, 1998; and ch. 489, sec. 1, effective July 15, 1998. -- Amended
1996 Ky. Acts ch. 349, sec. 1, effective July 15, 1996; and ch. 362, sec. 6, effective
July 15, 1996. -- Amended 1994 Ky. Acts ch. 192, sec. 1, effective July 15, 1994;
and ch. 483, sec. 1, effective July 15, 1994.